Title V Permit Writer's Tips - Streamlining Applicable Requirements

In some cases, more than one emissions standard applies to an
emission unit(s) -- for example, a unit could be subject to a SIP rule, an NSPS, and a
BACT determination. This situation existed long before Title V, but it is now more
apparent since the Title V permit must contain all applicable requirements.

Choose most "assuring" monitoring (e.g., if you
streamline a 20% opacity limit that requires an annual source test with a 40% opacity
limit that requires a COM, the streamlined limit is 20% opacity with a COM)

Include recordkeeping and reporting associated with the
streamlined monitoring regime (where recordkeeping is the monitoring, apply
"most assuring" test)

Monitoring, recordkeeping and reporting to determine
compliance with the subsumed limit(s) is NOT required

In an effort to eliminate redundant emission limits, EPA's White Paper #2 provides
guidance on "streamlining" multiple applicable requirements that apply to the
same emission unit(s). This approach allows multiple emission limits to be
"streamlined" into the most stringent limit. The monitoring, recordkeeping and
reporting requirements of the streamlined limit are usually those of the most stringent
limit -- provided they would assure compliance to the same extent as the subsumed limits.
This section contains some practical tips for ensuring properly streamlined permit
conditions.

The streamlining demonstration should include a side-by-side comparison of the
requirements, and should be included in the Statement of Basis. (See White Paper #2 for
more details on the streamlining demonstration).

The citation of authority for a streamlined permit condition
should reference the authority for the streamlined limit, and the authority of all
subsumed applicable requirements.

In order to protect the source from enforcement for
noncompliance with subsumed applicable requirements, the permit shield should be granted
in all instances of streamlining.

Example #10

A 200 mmBtu boiler that burns only
coal is subject to the following applicable requirements for particulate matter :

The NSPS limit of 0.05 lb/mmBtu is the "streamlined" limit because it is more
stringent. The SIP limit of 0.185 lb/mmBtu is considered the "subsumed" limit
(i.e., so long as the source complies with the NSPS limit, they are assuring compliance
with the SIP limit).

Sometimes the SIP-approved version of a rule differs from the state's current
effective version of the rule. For example, EPA may have approved a state rule as part of
the SIP years ago, but the state has since revised that regulation and the more recent
version has not yet been SIP-approved by EPA. This creates a situation where the Federal
requirement (i.e., the SIP) differs from the state-only requirement, yet the source is
required to comply with both. If the source can demonstrate that compliance with the state
requirement will assure compliance with the Federal requirement, the limits can be
streamlined. (Also see Section I.A.1 about proper citations of authority). The Title V
permit should include:

1) the state version of the requirement;
2) a citation of the legal authority for the state limit;
3) a statement that compliance with the state limit will assure compliance with the
Federal limit (using the proper citation of legal authority when referencing the Federal
limit).

The Statement of Basis should include a technical demonstration of how the state limit
assures compliance with the Federal limit.

Example #11

The Pennsylvania SIP limit for sulfur
dioxide (SO2) emissions from certain combustion sources requires that
compliance be determined on an instantaneous basis. A similar regulation in the
Pennsylvania Code has the same numerical emissions limit, but allows compliance to be
determined over a one hour period. Pennsylvania has demonstrated that, from the standpoint
of practical enforcement, a source that is in compliance with the state limit over a one
hour period can be considered in compliance with the Federal limit (Pennsylvania SIP) on
an instantaneous basis.

To "streamline" these limits, the Title V permit:

1) lists the SO2 emissions limit from the Pennsylvania Code;
2) cites the authority of the Pennsylvania Code regulation which contains this limit; and
3) states that "Compliance with the requirement specified in this streamlined permit
condition assures compliance with the provisions specified in the SIP approved SO2 limits found at 40 CFR 52.2020(c)(1)."

The Statement of Basis includes a technical justification demonstrating that the state
limits assure compliance with the Federal limits. Attachment 1 contains a copy of this
streamlining language and the technical demonstration.

B. Include ALL Relevant Requirements

When streamlining, make sure that ALL relevant emission limits/standards are
addressed, including emission limits for all pollutants, emission units, and fuel
types.

A source has a 150 mmBtu/hr boiler which
burns coal as the primary fuel and No. 2 fuel oil as the backup fuel. The source is
subject to two applicable requirements pertaining to nitrogen oxide (NOx) emissions: 1) an
NSR permit condition of 0.3 lb/mmBtu, and 2) the NSPS Subpart Db limitation of 0.2
lb/mmBtu when burning No. 2 fuel oil and 0.5 lb/mmBtu when burning coal. The NSR permit
establishes the most stringent emission limit when burning coal, but NSPS establishes the
most stringent limit when burning No. 2 fuel oil. The permit must include all relevant
emission limits, including those for backup fuels.

The permit also must include associated monitoring, recordkeeping, reporting, and
compliance determination methods, as well as emission limits for other pollutants.

C. Streamlined Limits Must Be Expressed in Same Units

If the multiple emission limits being "streamlined" are not expressed in the
same units, the Statement of Basis must contain a conversion factor.

Example #13

NSPS Subpart OOO (Nonmetallic Mineral
Processing Plants) contains a particulate matter limit expressed in "grains per dry
standard cubic meter", and a SIP-based permit limit is expressed in "grains per
dry standard cubic foot". As part of a streamlining demonstration, the Statement of
Basis must include the appropriate conversion to compare the two limits in the same units.